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(영문) 부산지방법원 2014.02.07 2013노3725
마약류관리에관한법률위반(향정)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one hundred months of imprisonment, two years of suspended execution, etc.) is too unhued and unfair.

2. Considering the fact that there are circumstances suspected that the Defendant was administered additionally in addition to the instant crime, such as the detection of the Defendant’s shotphone training from the entirety of the Defendant’s hair, etc., the need to strictly punish the Defendant.

However, considering the following circumstances: (a) the Defendant’s mistake was divided in depth, and the Defendant did not repeat the crime; (b) the Defendant has no criminal records of the same kind and suspension of execution or more; (c) the social relationship is clear; (d) the detention of the Defendant entails excessive difficulty for his dependants; (c) the detention of the Defendant entails the simple administration of phiphones; (d) the Defendant’s age, character and conduct, and environment; and (e) other various circumstances that form the conditions for sentencing as indicated in the instant records and arguments, the sentence imposed by the lower court is too unab

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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